Equanimity (Cayman) Ltd, which is also the claimant in the US Department of Justice (DoJ) forfeiture actions, accused Indonesia and the DoJ of acting beyond the bounds of legal rules in both nations in the seizure of the yacht in Bali last month.
It said the “needlessly costly and ill-conceived seizure in Indonesian waters” had jeopardised the value of the yacht.
In a statement yesterday, it added that the DoJ’s recent filing in California was merely “an attempt to use disputed allegations of historic conduct to paper over its own unlawful conduct in Indonesia”.
“As shown in the claimants’ court filings, the DoJ’s proposed course of action will drastically reduce the vessel’s value and expose the vessel and its crew to dangers at sea.
“This is completely unnecessary because the claimants have always been, and remain, ready and willing to have the vessel sold while the DoJ’s case is pending, provided that the sale is conducted under readily-achievable market conditions that will reflect the vessel’s true market value and generate a fair price.”
On Monday, lawyers representing the trusts that are fighting the US forfeiture lawsuit for the seized 300-foot vessel lodged a request for an emergency order to keep it in Bali.
This followed DoJ plans to move the yacht from Indonesia to the US.
Equanimity (Cayman) Ltd said it had filed a reply on Wednesday to correct what it said were factual misstatements and mischaracterisations in the US’ latest filing.
“Contrary to the assertions made in the government’s filing, the location of the vessel has never been a secret nor have the claimants taken steps to jeopardise the vessel’s value.
“The government has not taken any steps to prove its case or entitlement to the vessel, and there have been no findings that any wrongdoing occurred. The claimants, as owners of the vessel, intend to continue to protect their rights and their property.”
In June, US prosecutors filed a second round of forfeiture lawsuits in their efforts to recover assets they claim were acquired with money stolen from 1MDB.
The claims included the yacht, as well as a US$1.29 million heart-shaped diamond and a US$3.8 million diamond pendant which businessman Low Taek Jho gave to his then-girlfriend, actress Miranda Kerr, in 2014.
Other assets linked to stolen 1MDB funds include real estate in London, New York and Beverly Hills, a stake in EMI Music Publishing and a US$35 million Bombardier Jet.